Kenya's teachers' unions give ultimatum as TSC seeks direction from Government

This teacher celebrated in a unique way after the tutors' Sh17 billion pay award was upheld by the Supreme Court. [Photo: GEORGE NUNGE/STANDARD]

Crisis talks by Government officials failed to yield fruit in the Sh17 billion pay award for teachers, whose implementation this month was upheld by the Supreme Court, as the public school sector edged towards turbulent days with the August holiday drawing to an end.

With Kenya National Union of Teachers (Knut) and Kenya Union of Post-Primary Education Teachers (Kuppet) standing their ground that Teachers Service Commission pays up this month's dues by August 31, the teachers' employer on the other hand resolved to escalate consultations to 'high levels', understood to refer to President Uhuru Kenyatta.

The picture building up on the pay standoff replicated that of 1997 when then President Daniel arap Moi had to personally step in, leading to an agreement on a phased-out deal that is linked to today's industrial tussle.

The two main teachers' unions warned that should their more than 280,000 members fail to receive the 50-60 per cent pay increment by August 31 as directed by the court, they would open contempt proceedings against TSC bosses.

Yesterday, Attorney General Githu Muigai, who is the Government's chief legal adviser, reportedly chaired the meeting that was attended by Education Cabinet Secretary Jacob Kaimenyi.

TSC chairperson Lydia Nzomo, commission Chief Executive Officer Nancy Macharia and Salaries and Remuneration Commission (SRC) deputy chairperson Daniel Ogutu were also at the AG's Chambers in Nairobi.

The National Treasury, which has the responsibility to provide the additional funds, did not send a representative, although The Standard established that they were invited.

A senior Government official revealed the meeting, which was convened after the Supreme Court declined to overturn a Court of Appeal order directing that teachers be given the big salary raise even as the parties argue the TSC appeal, resolved that consultations be moved to a "higher level".

The failure by the sub-consultative committee meeting to strike a deal and instead ask for higher level consultations was understood to signal the intervention of President Kenyatta.

The meeting also resolved that TSC kick-starts talks with the two teachers' unions with the aim of "negotiating a way out of the court order".

Consequently, TSC has invited Knut and Kuppet top officials to a meeting this morning.

The development comes as the Knut lawyers threatened to institute contempt of court proceedings to commit TSC bosses to civil jail.

Sources privy to the Government meeting told The Standard that TSC had argued that it would immediately require Sh17 billion, which was not available, to honour the teachers' award.

The meeting also agreed that there was need to 'push the Government' on the salary issue.

The National Treasury has indicated there is no money even in the Consolidated Fund.

Knut Secretary General Wilson Sossion confirmed he would attend the meeting.

"The rule of engagement for the meeting is the court order and we shall go and listen to how they intend to implement it," said Sossion.

But Kuppet Secretary General Akello Misori announced the union would not attend the meeting.

"We are not going because the agenda is ambiguous and may not yield much because the court process was rigorous and orders clear on the direction to be followed," said Misori.

Sossion said teachers would not settle for anything less. He explained Knut lawyers were instructed to take action in the event court order was not implemented by end of month.

The latest details on teachers pay controversy emerged as SRC maintained that staff were not the lowest paid workers after all, and said any further increment would create discomfort among other civil servants.

Fresh details by SRC show that the salary for the lowest paid teacher would rise to Sh33, 021, creating a disparity in the civil service. Under the new figures, the pay for highest paid teacher would rise to Sh224,638, according to data released by SRC.

Currently, the lowest paid teacher takes home a basic salary of up to Sh21,304 while the highest paid teacher takes home up to Sh144,928 per month.

The Sarah Serem-led Commission argues that honouring the teachers' 50-60 per cent salary award would only be rectified by "paying public sector employees a similar consideration".

Another Government paper seen by The Standard explains that the assertion by the teachers' unions that all the 288,000 teachers are worse off compared to civil servants was "wrong and in bad faith".

The document dubbed the 'fact-sheet' gives a blow-by-blow account on teachers salaries and allowances rewards over the years.

The document, which explains Government's efforts in resolving unions' demands, draws facts based on advice from SRC and TSC. It rules out any justification for further pay, claiming other civil servants would cry foul as teachers would, comparatively, have a higher pay.